In the Cherokee Nation v. Georgia2 an injunction was prayed to restrain the State of Georgia from executing certain laws within that State, which, it was alleged, would annihilate the Cherokees as a political body. The suit was dismissed on the ground of lack of jurisdiction, it being held that the Cherokee Nation was not a foreign State in the sense in which the term is used in the provision of the Constitution which extends the federal judicial power to "controversies between a State or the citizens thereof, and foreign States, citizens or subjects." Marshall, however, in his opinion went on to say: "A serious additional objection exists to the jurisdiction of the court. Is the matter of the bill the proper subject for judicial inquiry and decision ? It seeks to restrain a State from the forcible exercise of legislative power over a neighboring people asserting their independence, their right to which the State denies. On several of the matters alleged in the bill, for example on the laws making it criminal to exercise the usual powers of self-government in their own country by the Cherokee Nation, this court cannot interpose, at least in the form in which those matters are presented. That part of the bill which respects the land occupied by the Indians and prays the aid of the court to protect their possession may be more doubtful. The mere question of right might be decided by this court in a proper case with proper parties. But the court is asked to do more than decide on the title. The bill requires us to control the legislature of Georgia, and to restrain the exertion of its physical force. The propriety of such an interposition by the court may well be questioned. It savors too much of the exercise of political power to be within the proper province of the judicial department. But the opinion on the point respecting parties makes it unnecessary to decide this question." As this last sentence shows, all of Marshall's opinion what has been quoted was purely obiter, but was later relied upon by the court in Georgia v. Stanton.3